A two-vehicle accident with injuries is reported in the area of 3726 Pearl Street Road, Batavia.
There is no entrapment.
A truck is leaking fluids.
Town of Batavia Fire and Mercy EMS dispatched.
Press release:
Independent Living of the Genesee Region (ILGR) invites you to celebrate the 32nd anniversary of the signing of the Americans with Disabilities Act (ADA) at our Annual Picnic. Free food, including hot dogs, hamburgers, and salad, will be provided, plus additional fun, and games. We look forward to having you join us!
The event takes place Tuesday, July 26, 2022, from 4 to 6 p.m. at the Town of Batavia Kiwanis Park, 3808 West Main Street in Batavia, rain or shine.
Please bring your own chair! COVID-19 guidelines will be followed.
You can RSVP and get more information, by calling Cathy DeMare at 585-815-8501, extension 400. Let her know if you need transportation. Please note that all children under the age of 12 must have a booster or car seat.
Independent Living of the Genesee Region (ILGR) is a member of the Western New York Independent Living, Inc. family of agencies that offers an expanding array of services to aid individuals with disabilities to take control of their own lives.
Just as the deadline for public comments was coming to a close Thursday, local municipalities were giving their reasons for opposing a request for what they believe is an excessive amount of water from City Well D.
The Department of Environmental Conservation is at the center of the request from Seneca Power Partners and opposing sides of the city and town of Batavia and Genesee County. DEC Communications spokeswoman Andrea Pedrick told The Batavian Thursday that “the public comment period ends today. DEC’s next step is to evaluate the application and any comments received to determine next steps.”
“The letter of opposition will be reviewed the same as any other public comments sent to DEC regarding this application,” Pedrick said. “It would be speculative to speak ahead of this review process.”
Seneca Power Partners surprised the municipality leaders with the permit request to draw 715,600 gallons of water per day from the city’s well for the company’s Batavia Power Plant at 163 Cedar St., Batavia. Such extraction of water daily could greatly affect the water supply for local citizens, the opposing letters stated in much more elaborated terms. (See Batavia company seeks permit for water, faces opposition)
The opposition ...
Batavia Town Supervisor Greg Post agrees with the reasons cited by city and Genesee County officials for opposing the application. In addition to letters sent by the other two municipalities, Post also sent a letter with additional ramifications if the request is granted.
One topic that has not been considered in the application or related reports is “the collateral environmental impacts,” Post said.
He has witnessed how excess demands on the aquifer downstream, primarily east and north of the city’s wellfield, he said. DeWitt Park, Seven Springs Country Club, Rochester Zen Center, Retreat at Chapin Mill, Horseshoe Lake, and Genesee County Fish and Game Protective Association (at Godfrey’s Pond) all depend on the water supply from this aquifer to maintain wetlands, ponds, lakes, and headwaters of Bigelow Creek “in the same manner consistent with the past several centuries," he said.
Post disagrees with SPP's environmental assessment that there are “no known significant individual or cumulative adverse environmental impacts” from the large withdrawal of water for Batavia Power Plant each day. Reports used as supporting documentation for SPP’s request were based mostly during low usage of the aquifer than more current times would show, Post said.
“Our concern is that any further demands on the aquifer that sustains this region’s people, industries, commerce, agriculture, and the ecological system should be looked at in more depth than the current assembled application,” Post said. “I would strongly ask that all parties demand the time to more thoroughly investigate the consequences of this permit issue.”
Genesee County is still weighing its options for how and if to respond if DEC grants the request, County Manager Matt Landers said. He wasn’t certain whether public hearings would be a future option, and the county is “handling the situation directly with DEC” right now while keeping the public informed through press releases of its correspondence with the agency, he said. To his understanding, “the permitting decision is solely in the hands of the DEC.”
“We obviously hope our letter speaks for itself to the DEC and they deny the application for the permit,” he said. “We are hopeful that an additional strain on one of the main sources of water in Genesee County is not put in place. Putting additional strain on the County’s ability to deliver safe, clean and reliable water to the residents of Genesee County is certainly not in our best interest.”
County Legislature Chairwoman Rochelle Stein said the county would like to “encourage NYS DEC to consider our comments of opposition to the request.”
“We will work in cooperation with our municipal partners as the review process evolves,” she said.
In response to The Batavian’s request for a worst-case scenario if the request is approved, Stein said that could be a “possible reduction of available raw water … for our residents and further water restriction possibilities.”
The applicant ...
In its application, a 662-page document stating its case with several supporting documents, Seneca Power Partners said that the use of water is “an integral part of the energy production process and is proportional to production.” More water is needed to produce more electricity. A simplified route the water takes looks something like this:
Water + heated by natural gas = steam = spins a turbine = goes into a generator = energy converted to electricity
The steam often evaporates and cannot be collected after the process, applicant John Trendowski, on behalf of the company, stated. Batavia Power Plant tries to minimize its water usage and repairs any leaks within the system in a timely manner. Any wastewater generated will continue to be discharged to the city of Batavia sanitary sewer, treated by the publicly owned wastewater treatment plant for eventual discharge to Tonawanda Creek, Trendowski said.
As production increases, the need for additional water will also increase as there will be more evaporative losses. The facility will track water intake from the well and the city, as well as water discharged to the city of Batavia wastewater treatment plant, he said.
“Although after-efficiency processes may reduce water usage slightly, energy production is a water-intensive process. This project was selected from evaluated alternatives because Batavia Power Plant has struggled economically in the energy market over the last several years. By using the well located on the property on Cedar Street, the Batavia Power Plant can limit its intake water from the city of Batavia,” the application states. “The generation of electricity requires significant amounts of water for cooling purposes, which is proportional to energy production. By reducing the amount of potable water required from the city, the facility can alleviate some of these expenses.”
The water withdrawal by the city to supply water to Batavia Power Plant has occurred since 1996, and based on a hydrogeologic report for Batavia wellfield, “withdrawing water directly from Well D should not have an effect on the water supply for municipalities or industrial sources in the area,” the permit application states.
The application points to major tributary watersheds that connect to Niagara River and Lake Erie, including Tonawanda Creek, which is 1,538 river miles. The creek itself is not the best source of consumable water due to its high turbidity and need for treatment, city officials said in their letter of opposition.
In the letter accompanying SPP’s permit application, Brian Gregson, development manager of Seneca Power Partners, and John Trendowski, senior principal with C&S Engineers, Inc., are the primary representatives for the request.
Not familiar with Seneca Power Partners has seemingly operated under the public radar, with no company signage to indicate it’s even there (on Cedar Street near O-AT-KA), sparse information online, and few, if any, public mentions.
The permit application is now in the hands of the DEC for a final decision.
Top photo: National Grid transmission lines near the power plant; the plant on Cedar Street in Batavia; an aerial view provided within the application; power lines running from the National Grid lines to the power plant. Photos by Howard Owens.
A Batavia man who entered a guilty plea to multiple charges in November in order to be -- his attorney suggested at the time -- present for the birth of his first child, has finally been arrested after missing for seven months.
Wright was a co-defendant in trial over a gun-sale deal gone bad outside the Days Inn in Batavia on July 22, 2020.
Wright entered a guilty plea on Nov. 17 to attempted criminal possession of a weapon 2nd in the Days Inn case. He also entered a guilty plea to assault in the third degree, a misdemeanor, attempted assault 1st, a Class C Violent Felony, and criminal sexual act, also a felony. The charges stem from some of the many arrests of Wright over the previous year.
According to Batavia PD, Wright was taken into custody without incident in Lockport earlier today.
He had four active warrants, according to police:
Wright was transported to Genesee County Court where he was arraigned before Judge Melissa Lightcap-Cianfrini and remanded to Genesee County Jail without bail.
There was a $2,500 reward offered for the capture of Wright. Batavia PD did not release details on whether information was offered by somebody to assist in the arrest of Wright that might make such a person eligible for the reward.
Wright is scheduled to re-appear in court on July 11.
The trial in November against Wright's co-defendant, Jacob Sponaugle, continued, and later the same day, Sponaugle was found guilty by the jury of:
Sponaugle was sentenced in December to 15 years in prison.
It began when Dean Richmond and his wife Mary Elizabeth chose Batavia, New York, as their home in the mid-1800s. The mansion that many remember as the Richmond Mansion was not built by Dean Richmond but rather by William Davis, a land speculator in the 1830s. He made the central part of the mansion.
Over the years, the land changed hands five times before the actual estate was built. It was still in stages as it changed hands three more times before Dean and Mary Elizabeth Richmond took title to the property on April 24, 1854. The Richmonds bought the mansion for $9,000.
With Dean's money and Mary's exquisite taste in furnishings, the mansion eventually was considered one of the most imposing structures in the state. So they began their restoration by changing the Federal-style design into a much larger home with a wide front veranda supported by four stately columns two stories high. At the top of the roof, a graceful balcony extended around the house. Beautiful gardens surrounded their home with a variety of rare, often imported plants and flowers. The interior was magnificent, with a wide hall through its center, spacious rooms on both sides, large side wings extending out from the middle of the house, and a long addition in the rear.
When supplies were needed, horse-drawn wagons drove right into the mansion's basement. It was designed to ease the unloading of coal for the three furnaces and food for the kitchen.
A large greenhouse stood amidst the formal gardens. A lacy, wrought iron fence marked the front of the mansion grounds that also featured sunken Italian gardens. That fence today borders the parking for the Richmond Memorial Library and St. Joseph's Church.
Majestic splendor reigned throughout the mansion; one room had a one-of-a-kind crystal chandelier. Carved rosewood and highly polished mahogany were the prevailing woods. One bedroom had a toilet set bearing the Tiffany mark. The rooms were decorated with plastered moldings and ceiling center medallions from which many chandeliers were suspended. The main bedroom had an adjoining bathroom complete with solid silver fittings.
Mr. and Mrs. Richmond were wonderful hosts, and many brilliant galas were held at their mansion, including an annual holiday ball conducted in their drawing room and ballroom. The drawing-room contained a yellow velvet carpet flowered with roses, yellow damasked walls adorned with solid gold, framed artwork, and yellow satin damask furniture: French plate glass mirrors and one large ornate mirror between the windows reaching from floor to ceiling.
Mrs. Richmond presided over the mansion with dignity and grace and was loved by the town and visiting dignitaries. She possessed the education her husband lacked.
Mrs. Richmond was active in the community, serving as president of the Holland Purchase Historical Society; she was noted for her charity and business sense.
Dean Richmond may not have had a formal education and might have appeared calculating and hard-hearted, yet he was admired by members of the Brotherhood of Locomotive Engineers. In addition, he gave generously to the building of the School for the Blind and St. James Church.
Richmond's death came suddenly on August 27, 1866. He was in New York City at the home of Samuel Tilden after returning from the State Democratic Convention at Saratoga. The liberty pole flag was lowered to half-staff to mourn his death in Batavia. The train depot was draped in mourning, and the locomotives on the New York Central Railroad were draped in black and accompanied by the tolling of muffled bells. The locomotives drew the funeral train named Dean Richmond and George J. Whitney. Dean Richmond died at the age of 62. He was Batavia, New York's railroad magnate, director of the Utica and Buffalo Railroad Company, first vice president of the New York Central Railroad, and from 1864 to 1866, president of the New York Central.
After Dean died, Mary Richmond’s keen business sense multiplied the value of her husband’s estate.
The Richmond mansion passed from Mr. and Mrs. Richmond to their daughter Adelaide, who left it to her niece, also named Adelaide, with the provision that upon the younger Adelaide’s death, it was to go to her brother, Watts Richmond. Dean Richmond’s grandson.
Watts then sold it to strangers.
The Children’s Home occupied the mansion from 1928 to 1966, when the Batavia Board of Education purchased it for $75 000 and tore it down to build a more extensive library.
Today, the Richmond Memorial Library’s Reading Room has suspended from the ceiling the chandelier that hung in the Richmond dining room. Also, portraits of members of the Dean Richmond family can be seen on display in the library.
File Photo: Richmond Mausoleum photo by Howard Owens.
Top four photos, courtesy the Holland Land Office Museum.
Restaurants? Check. Brewery? Check. Quality apartments? Pizza shop? Of course.
After successfully dipping his hands into a varied professional portfolio, Matt Gray is now going into the ice business.
His bid, along with CAN-USA Sports, LLC, to manage operations at the city’s ice arena will be up for discussion at City Council’s conference meeting next week. It’s set for 7 p.m. Monday at City Hall.
Earlier this year the city sought requests for proposal to take over the David M. McCarthy Memorial Ice Arena since Firland Management did not seek to renew its contract, which expired June 30. Listing a set of requirements and expectations for who the appropriate candidate would be, the city wanted a manager to help grow the use and presence of the Evans Street rink.
Apparently, according to a memo from City Manager Rachael Tabelski, Batavia Sports Facility Management, led by Gray, hit that sweet spot.
The company “submitted a proposal that is focused on increasing the long-term usage of the rink by actively targeting new local participants through marketing a broader selection of offerings, such as sunrise health programming, a summer roller public skate, curling and private party rentals,” she said.
“They are also focused on increasing the number of events held at the arena to attract large volumes of out-of-area users to realize the potential of the facility as an economic engine for the city,” Tabelski said. “These will include trade show, sports tournaments and concerts.”
Gray has an extensive background of serving on boards and putting his money where his mouth is. He owns Alex’s Place, has a partnership for Eli Fish Brewing Company and Matty’s Pizza, plus operates a property management company with retail properties and a mixed use building — with the brewery and seven market-rate apartments — in downtown Batavia. He also has a partnership for five restaurants in North Carolina. For the past 25 years, he has managed nine start-ups, developing several brands from concept and launch to a fully mature and operational enterprise.
Gray currently serves on the city’s Planning and Development Board, is vice president of Genesee County Economic Development Corporation and other current roles are on Batavia Development Corporation Small Business Workgroup, Batavia Business Improvement District Promotions Committee and as a USA Hockey Level 4 coach.
The entrepreneur has also served with other groups, including the Downtown Revitalization Initiative Committee, Batavia’s Creek Park Youth Hockey Economic Development Committee and is a founding member of the city’s Community Garden. He is a 2011 graduate of Leadership Genesee.
Speaking of money, Batavia Sports Facility Management has also proposed collaboration with the city to help with capital improvements at the ice facility “and expend funds from their own budget,” Tabelski said in her memo. That means doling out $140,000 toward capital expenses for:
Tabelski has recommended that City Council approve an agreement with the Batavia management group.
Might there be craft beer and pizza in the arena’s future? Gray was not available for comment Friday.
2022 File Photo of Matt Gray, Batavia entrepreneur, who has now proposed management of the city's ice arena.
Statement from Kent Ewell:
After over 25 years I am saying “goodbye” to O’Lacy’s Irish Pub. It has been a wonderful ride thanks to the many gracious and repeat customers throughout the years. I have developed many friendships over these 25 years and will cherish each and every one of them. Please remember the good times you have had at O’Lacy’s and be sure to look forward to many more happy times under new ownership. O’Lacy’s was & is a blessing for Batavia and will be for years to come.
Photo: File photo of Kent Ewell and Kelly Bermingham. Photo by Jim Burns.
Press release:
The Park Road Improvement project continues to progress. Utility work is nearly complete. The project will be focusing on roadway reconstruction activities including excavation and removal of the existing roadbed, curb work, street lighting, sidewalks and paving.
To expedite this work, the portion of Park Road between Lewiston Road to Richmond Avenue will be closed to all through traffic beginning Tuesday, July 12, 2022 and will remain closed until the Labor Day holiday.
The portion of Park Road from Richmond Avenue to Veterans Memorial Drive will revert from one-way traffic back to two-way traffic. Daily work zones with reductions to a single-lane traffic are to be expected.
Batavia Downs traffic is asked to enter and exit the facility parking area from the north end of Park Road near Richmond Avenue. Signage will direct Batavia Downs customers and staff to the parking areas.
For traffic needing to access Park Road approaching from Lewiston Road/ NYS Route 63, you are asked to follow the Park Rd Detour utilizing Veterans Memorial Drive.
For traffic needing to access Lewiston Road/ NYS Route 63 approaching from Oak Street/ NYS Route 98 and NYS Thruway, you asked to follow the Route 63 Detour utilizing Veterans Memorial Drive.
All through traffic is asked to avoid Park Road if possible and seek alternate routes.
Press release:
Join Genesee County STOP-DWI and the Genesee County Youth Bureau for a night of family fun as they team up to host the STOP-DWI Night at the Ballpark on Thursday, July 14 at Dwyer Stadium as the Batavia Muckdogs take on Geneva.
Brooke Jarkiewicz
The first 200 youth through the gate will receive a T-shirt or Muck Bucks for purchases in the ballpark. Throughout the night, families can take part in a variety of fun and interactive education booths, experience the entertainment of “Balloons with a Twist,” receive numerous giveaways and have a chance to win a bike from Adam Miller Toy & Bicycle.
STOP-DWI needs your help to cheer on Brooke Jarkiewicz and Grace Shepard as they throw out the first pitch of the game. Brooke and Grace are 2022 graduates of Byron-Bergen who have actively participated in the annual STOP-DWI poster contest throughout all of their high school years. This dynamic duo has collaborated each year on their submissions successfully garnering multiple awards and recognition with each entry but more importantly, they helped raise awareness to the dangers of impaired driving.
Grace Shepard
The Genesee County Youth Bureau has 500 free tickets available for youth and their families. Get your tickets by calling 585-344-3960. Any remaining tickets will be available the night of the event at the STOP-DWI booth outside the main gate.
Join us for a great night at the Ballpark and remember impaired driving is completely preventable. All it takes is a little planning.
Gates open at 6 p.m. and the game starts at 7:05 p.m.
Event sponsors and contributors: GCASA, Kiwanis Club of Batavia, NY Association of Chiefs of Police, Red Osier Landmark, Salmon Orthodontics, US Gypsum Co., WNY Association of Chiefs of Police, Batavia Police Benevolent Association, Chapin Manufacturing, Lions Club of Batavia, Marchese Computers, Polish Falcons Nest #493, and Adam Miller Toy & Bicycle.
LEGAL NOTICE:
NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding an application by Rochester MHP Portfolio, LLC (Jeffrey Cook) for the expansion of Country Meadows Manufactured Homes Community with the construction of 76 new mobile home lots within the existing community. The project also involves construction of internal private roads, utilities and stormwater management areas. This is located at 5121 Clinton Street Road, Town of Batavia. This is in an area zoned Mobile Home Park (MHP) District.
Said hearing will be held at the Town of Batavia Firehall, Station #2 on 8535 Stringham Drive, Batavia, NY on Tuesday, July 19, 2022, at 7:00 p.m. at which time all interested persons will be heard. If you cannot attend, you may send your comments and concerns to the Chairman at kjasinski@townofbatavia.com before the hearing. All correspondence will be acknowledged.
By order of the Town of Batavia Planning Board
Kathleen Jasinski, Chairman.
Press release:
Community Action of Orleans and Genesee has announced an agency-wide effort to collect personal care items that will be distributed to community members when they are facing an immediate need.
The agency will be collecting personal and household items such as deodorant, toothbrushes, toothpaste, soap, shampoo, laundry detergent, feminine hygiene products and toiletries for the entire month of July. These items will be used to assist those facing emergencies such as fires, domestic violence, job loss, and more.
Donations can be made in person at:
5073 Clinton Street Road,
Batavia, NY 14020
(585) 343-7798For additional information, or to make a financial contribution, please visit our website at www.caoginc.org.
When Batavia native Jason Norton returned from a life out west with wife Michelle, they had a goal in mind to live in a more rural environment and slower-paced country life.
After settling into their first home, the couple spotted a cow in a neighboring yard. Rural it was.
“We’re home,” Jason said.
That was in 2000. Zoom ahead to this year, and they have been pastors of Everpresent Church at 4 Batavia City Centre for five years. Although most churches suffered loss of attendance due to COVID’s shutdown, the Nortons feel blessed that their small congregation was able to withstand the parameters of social distancing and only closed for 11 weeks.
The couple — and parents to 6-year-old Camilla — are in rebounding mode. Michelle said that some statistics show that 50 percent of the people that stopped going to church during the pandemic haven’t returned. She and Jason are “very community oriented” and family-friendly. The non-denominational, Bible-based church has previously been involved in outreach and she wants to resume those efforts.
The church will be hosting an event, Fun in the Son, catering especially to children with 10 carnival-like games; facepainting; a petting zoo with bunnies, a goat, chickens and ducks; bounce houses; a basket raffle; and hotdogs, chips, pop, snow cones and waffle cakes.
It will run from 11 a.m. to 3 p.m. July 16 in the parking lot at Alva Place and Bank Street.
“It’s our way to get back out to the community,” Mrs. Norton said. “We're very family oriented. We are very kid oriented. And we just wanted to create this event to bring families back out together, because I noticed the community has a lot of things for adults, but not a whole lot for families together.”
A sheet of 25 tickets is $5, and kids can throw axes — little plastic ones that stick to the target — get a ping pong ball in a cup and other similar games. The sheet also includes a raffle ticket for each a girls and a boys bicycle. Other prizes will be given away throughout the day, such as gift cards to McDonald’s, Subway and Pizza 151.
Every child is to get at least one small prize, Michelle said, and those collected prizes can be turned in for bigger prizes.
This will be a church event that’s not so much about church, or preaching, she said. Fun in the Son is an opportunity for people to meet and get to know the Nortons and their church family, she said. Jason added that many events of the past are no longer around — St. Joe’s parade and carnival, and other town and village fundraising events — and he’d like to see activities return for families to enjoy.
Proceeds from the event will go to support “much-needed building repairs” at the church.
“Our church needs a new heating unit. And so we're doing a fundraiser,” Michelle said. “Whether we make money or we break even, it doesn't matter, because, like I said, we want to do it anyways for the community.”
The congregation has 35 to 40 members, and the Nortons would like to see it grow. They offer a Tuesday prayer service, Wednesday Bible study and Sunday service. Everpresent’s mission is “to foster an atmosphere of genuine love, where people can encourage one another and grow in their gifts and talents.”
“We love our community,” Jason said. “We just really want our community to know we’re here, and there will be a blessing.”
For more information, go to Everpresent Church.
Submitted photo of Pastors Jason and Michelle Norton and their daughter Camilla.
Press release:
Six Paul Harris Fellowships were awarded to members of the Batavia Rotary Club during its annual Awards Night in June. The Paul Harris Fellow recognition acknowledges individuals who contribute, or who have contributions made in their name, of $1,000 to The Rotary Foundation and was started in 1957. Our club contributes to the Foundation on behalf of members who exhibit outstanding service to RI and our club.
Our 2022 recipients were introduced by the Foundation President Jay Gsell:
Jamie Mott, a member since 2015. Jamie has filled a number of roles, most recently handling the budgeting and books as club treasurer. You can see Jamie pitching mulch at Rotary Park or flipping pancakes at the Fly-In breakfast.
Marlin Salmon, who joined Rotary in Batavia in 1981, then spent some years in the LeRoy Club, before returning to the fold in Batavia. He has been serving as our club president during the Rotary year that ended June 30. Under Marlin's leadership, we returned to many of our traditional activities, including in-person meetings, several fundraisers that were disrupted by covid, and service projects in our community.
Laurie Mastin joined Rotary in 2003, served as our president during the club's centennial year, was secretary this year and co-chaired the very successful Corvette Raffle fundraiser. She is a multiple PH Fellow.
Chris White, a member since 2013, Chris chairs the hardest working committee in our club: the Flags and Flowers sale. He also chairs the ever-vigilant Membership Committee.
Sharon Kubiniec, who joined us in 2010. One of her first Rotary roles was as a beer wench in our production of Oliver, when our club produced annual Broadway shows as community events and fundraisers. Since that time, she has tirelessly volunteered for many committees and projects, plus serving on the Board.
Mike Kubiniec, who is probably the only Batavian who recruited his father to join the club. Mike came on board in 1995, then convinced his dad, Conrad, to also become a member. Past president, club secretary and one of Santa's elves are just a few of the roles Mike has contributed. He and his wife, Sharon, are multiple PH Fellows.
Congrats to all recipients for their lasting contributions to our club through their boundless ideas, activities and energy.
Neither the outgoing nor incoming president was at Batavia City School board’s reorganizational meeting Thursday, but the remaining board members voted to put John Marucci in the role.
He was sworn in via Zoom. Marucci was the board vice president, having served three years, and had previously said that he “thoroughly enjoyed serving the students, parents and staff of the BCSD.”
Marucci, a resident of Batavia for five years with one son in the school system, is an active coach for the Batavia Bulldawgs Youth Football organization, and is head coach for the Vartsity team. He was previously head coach for the BMS modified wrestling team and helped coach Batavia Little Devils’ youth wrestling. His term ends in July of 2025, and has said that serving Batavia’s youth is a main reason for his participation on the school board.
Marucci was not able to answer questions from The Batavian about his new title and position Thursday evening, as he is visiting family out of state. He will be available to do so on Wednesday, he said.
Former president Alice Benedict’s term is up in July 2023 after being appointed in May 2020 to fill out a vacated position. Benedict is no stranger to the Board of Education, having served from 1995 to 2006, and for three terms as president.
Two public hearings — about the Code of Conduct and hiring a second school resource officer — followed the reorganizational meeting. No one from the public spoke at the hearings, and both topics were approved later by the board.
Superintendent Jason Smith said that the Code of Conduct has received a thorough review by the school attorney “to make the code in line with current law and or current recommendations.”
“Our attorneys gave us some key updates that needed to be modified other than updated definitions for bullying, or harassment, to comply with the current Dignity For All Students Act,” Smith said. “Some modifications there, I think, we added definitions as to what is a tobacco product, what under the influence means and … illegal substances, that has been clarified as well.”
They have also revised the definition of "weapon," and when and if students would face certain consequences. Section three’s language was clarified and cleaned up, he said, to state that “students have a right to learn in a safe and supportive school environment.”
“A lot of the pieces that were in there have been removed because it's covered with the Dignity For All Students Act, and we modified some language regarding privacy and public restrooms and locker rooms, and expectations for that as well,” he said.
Section five reflects “a nice presentation in June by (BHS Principal) Paul Kesler and his students” about the dress code. Their work and attorney input focused on a gender-neutral dress code that didn’t particularly target guys or gals.
Other revisions included cyberbullying and virtual learning code of conduct, plus the addition of some legal updates to the prohibition against discrimination, harassment and or bullying. Long-term suspensions were considered, and families have the right to appeal the board on a five-day suspension.
“In the rare event that those are challenged or appealed, that clarifies that language,” Smith said. “It also clarifies long-term suspension appeals.”
Click here to view the Code of Conduct
The school board also approved the move to hire a second resource officer for the district and a related contract with the city of Batavia.
“The proposal is to use additional COVID funding previously designated for learning … and use some of those funds. And we can gradually build a budget over time (to afford the positions when COVID funding is gone),” he said.
Given the tragedies this spring of mass shootings at a school in Texas and earlier much closer to home in Buffalo, the awareness of staff and families has been heightened of such possibilities. Smith received several emails from families and staff members regarding the district’s safety, he said.
Reigle said there’s been support for the current resource officer and now for a second one as well.
“It's nice to work in conjunction with somebody who is looking out for your safety,” Reigle said. “So we're in support of it.”
Each officer costs the district approximately $100,000 in salary and benefits, which will be paid to the city for use of two police department employees.
Jeffrey D. Hall, 38, of Batavia, is charged with sex abuse 1st (contact by forcible compulsion). Hall is accused of grabbing a Door Dash employee, forcing her to touch his intimate parts, at 11:48 p.m., May 24, at a location on Ross Street, Batavia. Hall was arraigned in City Court and released on his own recognizance.
Tarrell Jerry Carter, 37, of Raines Park, Rochester, is charged with strangulation 2nd, endangering the welfare of a child, and assault 3rd. Carter is accused of punching and choking a victim during an argument at 11:15 p.m., July 3, at a location on West Main Street, Le Roy. He was arrested by Officer Curtis Miller, arraigned in Town of Le Roy Court, and ordered held at the Genesee County Jail without bail.
Brandon Dodd, 35, of Highland Drive, Batavia, is charged wit falsifying business records 1st, criminal possession of stolen property 5th, and petit larceny. Dodd is accused of stealing merchandise from Kohl's Department Store and then selling the merchandise to Pawn King, falsifying a bill of sale attesting to ownership of the property. Dodd was issued an appearance ticket. The case was investigated by Investigator Erik Andre and Deputy Nicholas Chamoun.
Tonja Marie Stephens, 54, of Prole Road, Stafford, is charged with violation of a court order. Stephens is accused of violating a stay-away order of protection at 9 a.m., June 29, at a location on Prole Road, Stafford. She was arraigned in Town of Stafford Court and released on her own recognizance.
Joseph Michael Morelli, 53, Orchard Street, Oakfield, is charged with endangering the welfare of a child. Morelli is accused of striking a child in the face at 7:43 p.m., June 26, at a location on Orchard Street, Oakfield. He was ordered to appear in court on July 22.
Dennis James Jenks, 23, of West Albion Street, Holley, is charged with obstructing governmental administration 2nd. Jenks is accused of physically and verbally impeding an investigation into a DWI at 11:34 p.m., June 30, on Byron Holly Road, Byron. He was arrested by Deputy David Moore and released on an appearance ticket.
Elizabeth Emily Ahl, 28, of Park Meadow Road, West Seneca, is charged with DWI, driving with a BAC of .08 or greater, speeding not reasonable and prudent, moving from lane unsafely. Ahl was arrested by Deputy David Moore following an investigation into a motor vehicle accident reported at 3:42 a.m., July 2, at mile marker 3.4 on the I-490 in Bergen. She was issued an appearance ticket.
Cordero Leon Royes, 35, of Maple Street, Batavia, is charged with DWI. Royes is suspected of driving at speeds in excess of 120 mph on Route 33 through the Village of Corfu and Town of Pembroke at 9:58 p.m., July 5. She was arrested by Deputy Nicholas Chmoun and Sgt. Kyle Krzemien and released on an appearance ticket.
Adam N. Hume, 38, of Pavilion, is charged with DWI, driving with a BAC of .08 or greater, and consumption of alcohol in a motor vehicle. Hume was stopped by a Batavia patrol officer at 12:15 a.m., June 24, on West Main Street, Batavia. He was issued an appearance ticket.
Latoya D. Jackson, 36, of Batavia, is charged with criminal contempt 2nd. Jackson is accused of violating an order of protection at 8:58 p.m., June 29, at a location on East Main Street, Batavia. She was issued an appearance ticket.
Andrew J. Draper, 43, of Batavia, is charged with criminal contempt 2nd. Draper was allegedly with a person covered by an order of protection at 10 a.m., June 25, when Batavia PD made contact with him at a location on East Main Street on an unrelated matter. He was issued an appearance ticket.
Andrew J. Draper, 43, of Batavia, is charged with petit larceny. Draper is accused of stealing two rings from another person and selling them without permission on June 23. He was issued an appearance ticket.
Tammy M. Ace, 47, of Batavia, is charged with criminal mischief 4th. Ace is accused of dumping bleach on another person's belongings at 11:26 a.m., June 15, at a location on Holland Avenue, Batavia. She was issued an appearance ticket.
Michael W. Williams, 63, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Williams was stopped by a Batavia patrol officer at 8:19 p.m., June 17, at a location on East Main Street, after a complaint from a local business that Williams might be driving drunk. Williams was issued an appearance ticket.
Brian J. Ferguson, 35, of Batavia, is charged with DWI, failure to signal lane change, consumption of alcohol in a motor vehicle, inadequate headlights, and insufficient tail lamps. Ferguson was stopped by Officer Freeman at 12:13 a.m., June 11, on East Main Street. Ferguson was released on an appearance ticket.
Oraid M. Blackshear-Edwards, 38, of Batavia, is charged with criminal trespass 2nd. Blackshear-Edwards was allegedly found sleeping inside a residence in South Main Street at 7:58 a.m., June 19, that was not his own. He was issued an appearance ticket.
Matthew D. Derrick, 37, of Batavia, is charged with criminal contempt 2nd. Derrick is accused of violating an order of protection by contacting another person on social media. at 4:28 p.m., June 17. He was issued an appearance ticket.
Julie L. Dutton, 27, of Le Roy, is charged with petit larceny. Dutton is accused of stealing two alcoholic beverages from a local grocery store on Ellicott Street, Batavia. She was issued an appearance ticket.
Christine M. Caplis, 41, of Batavia, is accused of failure to appear on a bench warrant. Caplis was arrested on a warrant stemming from an incident on Nov. 4.
Jarrod K. Fotiathis, 27, of Lake Street, Le Roy, is charged with criminal mischief 3rd. Fotiathis is accused of kicking in a door, and damaging the door and frame, at 4:34 a.m., June 27, at a location on Lake Street, Le Roy. He was arraigned in Town of Le Roy Court, issued an order of protection, and released until his next court appearance on July 21.
Ronald J. Maxwell, 53, of Le Roy, is charged with DWI and driving with a BAC of .08 or greater. Maxwell was stopped by State Police in the Town of Le Roy at 4:12 p.m., July 3. He was issued an appearance ticket.
UPDATE: Statement from Batavia PD: "Tyler Gulisano has been located. The Batavia Police Department would like to thank everyone who provided assistance."
Tyler Gulisano of Batavia is missing and was last seen on July 6 in the early morning hours after leaving the Sisters of Charity Hospital in Buffalo.
A family member received a call from him at about 12:45 p.m. while he was at Seneca Texas Red Hots in Buffalo.
He may have been in an altered mental state, so there is concern for his well-being.
Anyone with information regarding this investigation is asked to contact Officer Josh Girvin or the on-duty supervisor at the Batavia Police Department, without delay, at (585) 345-6350.
City and Town of Batavia and Genesee County officials have joined forces to oppose a request for water that could potentially affect the flow for area residents.
The three municipalities called upon environmental analyst Guillermo Saar of the state Department of Conservation to consider the burden a request -- to draw 715,600 gallons a day — would put on Batavia and Genesee County if granted. Seneca Power Partners, a company at 163 Cedar St., Batavia, with an unpaid debt of more than $1.5 million in back taxes, made the request through a permit application to DEC’s Division of Environmental Permits.
“The major users of the Well Field (Genesee County, Town of Batavia, and City of Batavia) oppose this application and seek to help Seneca Power Partners find an alternative means to access untreated water for their operations. The aquifer directly feeds the Batavia Water Treatment Plant (owned by Genesee County, and operated by the City of Batavia) as a major source of drinking water,” the letter stated. “While the Tonawanda Creek also contributes as a source of drinking water, the quality and turbidity of the Creek make it a much less desirable source. Any excess extraction of water from the aquifer will force the Batavia Water Treatment Plant to rely more heavily on the Creek, and that will, in turn, increase the cost of municipal water treatment and decrease sustainability.”
City Manager Rachael Tabelski was not given any advance warning about the request from Seneca Power Partners, she said.
“This application to tap into the aquifer was a surprise, and there was no previous conversation with the City about utilizing Well D,” she said to The Batavian Wednesday evening. “As the letter, you received stated, the aquifer is a protected natural resource that provides water to many residents and businesses and needs to be scrutinized at the highest levels for the best outcome for all parties.”
According to a letter sent by the three municipalities, the amount requested, 715,600 gallons per day is 75 times more water usage than the current average of 9,513 GPD. This will “burden the aquifer's ability to supply the Batavia Water Treatment Plant,” the letter states.
“The aquifer has seen historic low levels of source water in the last decade, a pattern that has not reversed itself,” it states.
Other supporting reasons for opposition is that Genesee County has issued water conservation notices to residents two years in a row, in June 2021 and again in July of this year. The notices warned that “the water level in the aquifer that feeds the City of Batavia Water Treatment Plant is approaching historic lows,” and “the deeper the water is below ground level the more inefficient the well pumps are..” It was the third consecutive year the county asked residents for a voluntary water restriction.
The City of Batavia Water Treatment Plant provides nearly 50 percent of the county's water needs. . Without an adequate source to supply the residential, agriculture, commercial and industrial users, they face the potential for water shortages, inadequate flows for fire suppression, and a risk of hydrological issues, the letter states.
“In an emergency, if the county were to bring in water from other outside sources there would be an unknown hydrologic mix that could severely impact residents that have lead and galvanized pipes,” it states. “This could lead to a serious social injustice for the most economically disadvantaged citizens.”
In the letter, it states that while the applicant claims that “they are operating in a socially responsible manner, their past activities indicate otherwise.” The company faced termination notices for water service in 2020 and 2021 for failure to pay its water bills, and is currently on the path to foreclosure of its plant and pipeline for failure to pay real property taxes since 2017. As of June 15 of this year, that tab is now at $1,528,402.32.
“How can we trust a company who blatantly ignores its water and tax bills with the responsibility to draw water from a protected aquifer?” the municipality leaders asked.
A final consideration is that Seneca Power Partners “has failed to consider other sources of water that would be more resilient and responsible." For example, O-AT-KA Milk Products, less than 100 yards away from the property line, discharges 1.0 mm gallons/day of non-contact water through its permit discharge and is “willing to entertain a discussion about rerouting a portion of this water to Seneca Power Partners.” As this is non-contact cooling water, it might be a suitable and more sustainable option to pursue, the letter stated.
“Therefore, and in light of the objections outlined above, we oppose the permit application to the DEC and ask that the DEC act in a manner to protect the aquifer and Batavia Water Treatment Plant,” it stated.
The letter, signed by Tabelski, Genesee County Manager Matt Landers and Batavia Town Supervisor Gregory Post, was complemented by another letter sent by Genesee County Legislature and signed by Chairwoman Rochelle Stein.
Genesee County leaders are opposing the request due to a troubling trend of a declining water table; the misrepresentation by SPP of how the request would actually affect the city, town and county residents; and a request that is significantly higher than the historic daily average water use by SPP.
“Due to these three reasons listed above, Genesee County is strongly opposed to Seneca Power Partners’ direct well water withdrawal permit application,” Stein said. “We hope NYSDEC staff understands our position and puts the needs of an entire county above the interests of a private company.”
Press releases about this matter were sent out by the city and county around 4:15 p.m. and 5 p.m. Wednesday, respectively. Questions emailed to Landers and Stein were not answered Wednesday evening. Tabelski said that she would discuss some of the questions with the city attorney and also referred the matter to DEC. Emailed questions to DEC Regional 8 Director Tim Walsh were not answered as of Wednesday night.
See related article about the permit process for DEC.
The Batavian asked Genesee County and City of Batavia officials about the process required for Seneca Power Partners' request to draw 715,600 gallons of water per day from the city/county water system. More specifically, The Batavian wanted to know if there would have to be public hearings about this request, as it seems, according to responses from the city, county and Town of Batavia, that such a draw could severely affect local residents.
City Manager Rachael Tabelski referred us to the Department of Environmental Conservation for those specifics.
According to DEC’s website, the following are steps to be taken for permit applications:
Step 1: Submit an Application
General Requirements for Applications
A complete application includes a properly completed department application form, location map, project plans, supplemental information required by 6 NYCRR Part 621 (leaves DEC website), Uniform Procedures Regulations and the specific program implementing regulations pertaining to the specific permit(s) sought for the project.
If a project requires more than one DEC permit, the applicant must submit all applications forms and information simultaneously.
If variances from permit standards are sought and provided for by the specific regulatory program in their regulations, the application must include a request and statement of justification for such variances.
Other application requirements include an environmental assessment in accordance with the State Environmental Quality Review Act (SEQR), and a cultural resources assessment in accordance with the State Historic Preservation Act (SHPA).
Application Assistance
Contact your DEC regional Permits office with questions about completing the application form and other required information for your application.
Keep plans flexible until DEC staff review your proposal and comment on its conformance with permit standards. Be willing to adjust your project. On occasion, minor changes in layout can avoid disagreements and delays and, in some cases, eliminate the need for a permit.
Applicants proposing complex, multi-residential, commercial or industrial projects are strongly encouraged to schedule a pre-application conference. This meeting with DEC allows the applicant to clarify project objectives and obtain DEC's recommendations. Such feedback can improve the project environmentally and shorten the application procedure.
Submitting Your Application to DEC
Applications are to be submitted to the Regional Permit Administrator. Applications may be submitted by mail, private carrier, or in person.
DEC encourages applicants to submit applications and supporting information electronically, and to submit paper copies as soon as possible. DEC is not yet able to accept electronic only application submissions except in limited circumstances. Contact your DEC regional Permits office for additional information on electronic submissions.
Step 2: Application Review
The Department must inform you of whether your application is complete according to the following time frames:
60 days from receipt of the application in the case of hazardous waste management facilities, certain wastewater discharges and certain air permit applications.
15 days from receipt of the application for all other permit applications.
If the application is incomplete, DEC's Notice of Incomplete Application will tell you what else is needed. When you respond, the above time frames for the DEC will again apply.
To prevent multiple information requests and reviews by DEC, prepare a thorough, accurate and fully justified application.
Step 3: Public Notice
The Uniform Procedures Act recognizes major projects and minor projects for each permit type.
If your project is major, then the project is subject to public review, as follows:
A Notice of Complete Application is published by the Department in the Environmental Notice Bulletin (ENB). You must also publish this notice in a local newspaper.
The Notice of Complete Application sets a public comment period. This is usually either 15-, 30- or 45-day period after the date the Notice is published, depending on the permit type requested.
Based on any comments received and on staff's review of the project against permitting standards, DEC decides whether to hold a public hearing. For more information, refer to the Guide for Public Hearings.
Minor projects do not usually require a public notice.
Step 4: Final Decision
The Uniform Procedures Act requires DEC to make its final decision in the following time frames:
Minor Projects:
DEC must make a permit decision on minor projects within 45 days of determining the application complete.
Major Projects:
If no hearing is held, DEC makes its final decision on the application within 90 days of its determination that the application is complete.
If a hearing is held, DEC notifies the applicant and the public of a hearing within 60 days of the completeness determination. The hearing must commence within 90 days of the completeness determination. Once the hearing ends, DEC must issue a final decision on the application within 60 days after receiving the final hearing records.
The Regional Permit Administrator normally issues permits for projects not requiring a public hearing.
Generally, the Commissioner makes the decision if DEC holds a public hearing.
An email sent to DEC Region 8 Director Tim Walsh Wednesday evening was not immediately answered.
Press Release
To all motorists, a portion of Richmond Avenue in the City of Batavia will be closed two days this week for road construction between Redfield Parkway and Park Road. The closure will occur between 7 a.m. and 5 p.m. on Thursday and Friday, and is to be re-opened after those time periods each night.
Motorists looking to access Park Road are asked to approach from the North at the intersection of Park Road and Veteran’s Memorial Drive.
If there are any questions concerning this work, please, contact The Town of Batavia Highway Department at (585) 343-1729, Extension 218.
Thank you for your cooperation in advance.
Batavia City Schools residents are invited to not one, but two public hearings about the district's conduct code and the addition of another school resource officer at about $100,000 a year.
The hearings are part of combined reorganizational and regular meetings of the board this week. The session is to begin at 6:15 p.m. Thursday in the Superintendent’s Conference Room at Batavia High School, 260 State St., Batavia.
Public hearings are scheduled after what is usually a boilerplate type of meeting to plug in various district details, including swearing-in of board members, electing the president and vice president, and appointing people to a yearly list of roles. The list is fairly long and varied, from a school pesticide representative, tax collector, and purchasing agent to a faculty auditor, data protection officer and an extracurricular activities account treasurer.
Other board action includes votes to approve miscellaneous items, including the mileage reimbursement rate, existing bylaws and policies, and staff attendance at conferences and similar training.
Hearings are to follow for the review and public input of a District Code of Conduct and then of a School Resource Officer Contract to hire a second officer for the district. A prior hearing about the Code of Conduct brought out no one for comment. The school resource officer is obtained through the city of Batavia and its police department, with the school district picking up the tab. Each officer costs -- in salary and benefits -- approximately $100,000 each, Police Chief Shawn Heubusch confirmed with The Batavian.
Superintendent Jason Smith is to provide the review of each topic, and district residents are invited to sign up prior to or during the review to voice comments or questions. Speakers are given a three-minute time limit each per topic.
Smith and Business Administrator Scott Rozanski had previously discussed that payment would be possible with leftover federal grant money (American Rescue Plan Act) paid out for COVID-related initiatives and responses. There is about $200,000 from that ARPA money available for another resource officer, Rozanski said.
After the public hearings are closed, a regular meeting is to commence with district “Good news to share,” a superintendent’s report, board votes for various appointments, contracts, a district strategic plan, Code of Conduct, and school resource officer services.
These meetings may be viewed on YouTube.
For more information, go to bataviacsd.org
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